Amrit Kumar Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6274 of 2017 Arising Out of PS.Case No. -280 Year- 2016 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Amrit Kumar Rai

2. Rishikesh Rai Both sons of Arbind Kumar Rai Both are residents of Village - Bhirha, P.S. - Rosera, District - Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv. Mr. Rishit Deo Kumar Singh, Adv.

For the Opposite Party/s : Mr. Ajay Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-02-2017 Heard the parties.

The petitioners apprehend their arrest in Rosera P.S. Case No.280 of 2016 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 427/34 of Indian Penal Code.

It has been submitted on behalf of the petitioners that the dispute arose with respect to cutting of tree and there is land dispute between the parties and allegation against the petitioners is that they assaulted the informant by lathi causing fracture on his leg and as such no case is made out under Section 307 of the Indian Penal Code and other sections are bailable in nature.

Patna High Court Cr.Misc. No.6274 of 2017 (2) dt.17-02-2017 Heard learned A.P.P. also.

Having heard both sides. In view of the facts as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Rosera, Samastipur in connection with Rosera P.S. Case No.280 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) Arvind/- U T